Sex With Client And Witness Who Was Another Client’s Spouse Draws Minnesota Suspension

A minimum of three years suspension has been imposed by the Minnesota Supreme Court for misconduct “arising out of sexual relations [the attorney] had with a client and a witness in separate matters, both of which involved his representation of criminal defendants.”

The court’s order states that he had been privately admonished three times and that one involved sex with a witness.

The witness in the one matter was the client’s wife and the sex was “apparently” intended to either reduce or waive the fee for the representation in a first-degree murder case.

the betrayal of both the client and the wife was compounded by the fact that it appears from the allegations in the petition that the sexual relations occurred under circumstances in which coercion might be suspected…

When the client learned of the sex after the trial, he sought postconviction relief.

He falsely denied the relationship to an assistant county attorney investigating the postconviction claims.

The defendant was charged with DUI.

The court rejected as insufficient a proposed 18-month suspension. (Mike Frisch)